HomeMy WebLinkAbout99-01 - Resolutions RESOLUTION NO. 99-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING
TENTATIVE PARCEL MAP NUMBER 15207, LOCATED ON THE EAST
SIDE OF CHARLES SMITH AVENUE AT SAN MARINO DRIVE, AND
MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-321-01
WHEREAS, Tentative Parcel Map Number 15072, submitted by Jerald B. Laird,
applicant, for the purpose of subdividing into one parcels, the real property situated in the City
of Rancho Cucamonga, County of San Bernardino, State of California, identified as
APN: 229-321-01, located on the east side of Charles Smith Avenue at San Marino Drive; and
WHEREAS, on January 13, 1999, the Planning Commission held a duly advertised
public hearing for the above-described map.
NOW, THEREFORE, THE RANCHO CUCAMONGA PLANNING COMMISSION
RESOLVES AS FOLLOWS:
SECTION 1: That the following findings have been made:
1. That the map is consistent with the General Plan.
2. That the improvement of the proposed subdivision is consistent with
the General Plan.
3. That the site is physically suitable for the proposed development.
4. That the proposed subdivision and improvements will not cause
substantial environmental damage or public health problems or have
adverse effects on abutting properties.
SECTION 2: Based upon the facts and information contained in the proposed
Negative Declaration, together with all written and oral reports included for the environmental
assessment for the application, the Planning Commission finds that there is no substantial
evidence that the project will have a significant effect upon the environment and adopts a
Negative Declaration based upon the findings as follows:
1. That the Negative Declaration has been prepared in compliance with
the California Environmental Quality Act of 1970, as amended, and
the State CEQA guidelines promulgated thereunder; that said
Negative Declaration and the Initial Study prepared therefore reflect
the independent judgment of the Planning Commission; and, further,
this Commission has reviewed and considered the information
contained in said Negative Declaration with regard to the application.
2. That, based upon the changes and alterations which have been
incorporated into the proposed project, no significant adverse
environmental effects will occur.
3. Pursuant to the provisions of Section 753.5(c) of Title 14 of the
California Code of Regulations, the Planning Commission finds as
PLANNING COMMISSION RESOLUTION NO. 99-01
PM 15207 - LAIRD
January 13, 1999
Page 2
follows: In considering the record as a whole, the Initial Study and
Negative Declaration for the project, there is no evidence that the
proposed project will have potential for an adverse impact upon
wildlife resources or the habitat upon which wildlife depends. Further,
based upon substantial evidence contained in the Negative
Declaration, the staff reports and exhibits, and the information
provided to the Planning Commission during the public hearing, the
Planning Commission hereby rebuts the presumption of adverse
effect as set forth in Section 753.5(c-1-d) of Title 14 of the California
Code of Regulations.
SECTION 3: Tentative Parcel Map Number 15072 is hereby approved subject to the
attached Standard Conditions and the following Special Conditions:
Planning Division
1. The applicant shall agree to defend at his sole expense any action
brought against the City, its agents, officers, or employees, because
of the issuance of such approval, or in the alternative, to relinquish
such approval. The applicant shall reimburse the City, its agents,
officers, or employees, for any Court costs and attorney's fees which
the City, its agents, officers, or employees may be required by a court
to pay as a result of such action. The City may, at its sole discretion,
participate at its own expense in the defense of any such action but
such participation shall not relieve applicant of his obligations under
this condition.
2. Approval of this request shall not waive compliance with all sections
of the Development Code, all other applicable City Ordinances, and
applicable Community or Specific Plans in effect at the time of
building permit issuance.
3. On projects which abut the 1-15 Freeway, the developer shall provide
landscaping within the freeway right-of-way along the boundary of this
project or pay an in-lieu of construction cash deposit. The landscape
and irrigation plans shall be prepared in conformance with Caltrans
and City Standards through the City of Rancho Cucamonga. Plans
shall be reviewed and approved by the City Planner and City
Engineer. Landscape and irrigation shall be installed prior to the
release of occupancy of the project. If final approvals and/or
installation is not complete at that time, the City will accept a cash
deposit for future landscaping at the Caltrans right-of-way.
4. The remainder Parcel shall not be sold, leased, or financed until all
improvements which are required have been constructed or the in-lieu
fees have been paid, or the subdivider has entered into an agreement
with the City providing for the construction of such improvements at
the subdivider's expense, within a period of 12 months after the
recordation of the map pursuant to Rancho Cucamonga Municipal
Code Section 16.14.070.
PLANNING COMMISSION RESOLUTION NO. 99-01
PM 15207 - LAIRD
January 13, 1999
Page 3
Engineering Division
1. Public right-of-way improvements along Charles Smith Avenue
fronting Parcel one shall be constructed. If the required
improvements are not completed prior to approval of the final map, an
improvement certificate shall be placed on the final parcel map stating
that they will be completed upon development of Parcel one prior to
issuance of a building permit.
Fire Division
1. Fire hydrants are required. All required public or on-site fire hydrants
shall be installed, flushed, and operable prior to delivery of any
combustible building materials on site (i.e., lumber, roofing materials,
etc.). Hydrants flushing shall be witnessed by fire department
personnel.
APPROVED AND ADOPTED THIS 13TH DAY OF JANUARY 1999.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY: � . . a sits [. • I
iel, Chairman ATTEST:
Brad : , e eta
I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do
hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and
adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of
the Planning Commission held on the 13th day of January 1999, by the following vote-to-wit:
AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
CITY OF RANCHO CUCAMONGA
STANDARD CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP NO. 15207
Those items checked are Conditions of Approval.
A. Dedications and Vehicular Access
I. Rights-of-way and easements shall be dedicated to the City for all interior public streets,community trails,
public paseos,public landscape areas,street trees,traffic signal encroachment and maintenance and public
drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities
(cross-lot drainage,local feeder trails,etc.)shall be reserved as shown on the plans and/or tentative map.
X 2. Dedication shall be made of the following rights-of-way for the perimeter streets(measured from street
centerline):
33 total feet on Charles Smith Avenue
total feet on
total feet on
total feet on
3. An irrevocable offer of dedication for roadway purposes shall be made for the private streets.
4. Corner property line cutoffs shall be dedicated per City Standards.
5. Vehicular access rights shall be dedicated to the City for the following streets,except for approved
openings:
6. Reciprocal access easements shall be provided ensuring access to all parcels by C C& R's or by deeds
and shall be recorded prior to or concurrent with the final parcel map.
7. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint maintenance
of all common roads, drives, or parking areas shall be provided by C C & R's or deeds and shall be
recorded prior to or concurrent with the final parcel map.
X 8. All existing easements lying within future right-of-way are to be quitclaimed or delineated on the final
parcel map per the City Engineer's requirements.
9. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be
dedicated to the City.
10. Private drainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the
final parcel map.
I I. Additional street right-of-way shall be dedicated along right turn lanes,to provide a minimum of 7 feet
measured from the face of curbs. If curb adjacent sidewalk is used along the right turn lane, a parallel
street tree easement shall be provided.
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12. The developer shall make a good faith effort to acquire the required off-site property interests necessary
to construct the required public improvements and, if he/she should fail to do so,the developer shall at
least 120 days prior to submittal of the final parcel map for approval,enter into an agreement to complete
the improvements pursuant to Government Code Section 66462 at such time as the City acquires the
property interests required for the improvements. Such agreement shall provide for payment by the
developer of all costs incurred by the City to acquire the off-site property interests required in connection
with the subdivision. Security for a portion of these costs shall be in the form of a cash deposit in the
amount given in an appraisal report obtained by the developer,at developer's cost. The appraiser shall
have been approved by the City prior to commencement of the appraisal. This condition applies in
particular,but not limited to:
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B. Street Improvements
•
X 1. All public improvements,(interior streets,drainage facilities,community trails,paseos, landscaped areas,
etc. ) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street
improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches,
sidewalks, street lights,and street trees.
X 2. A minimum,of26-foot wide pavement within a 40-foot wide dedicated right-of-way shall be constructed
for all half-section streets.
X 3. Construct the following missing perimeter street improvements including,but not limited to:
Street Name Curb AC Side- Drive Street Strcct Comm. Median pike Other
& Pvmt walk Appr. Lights Trccs Trail Island Trail
Gutter
Charles Smith Avenue X (b) X X X X
Notes:(a)Median Island includes landscaping and irrigation on meter. (b)Pavement reconstruction and overlays will be
determined during plan check. (c)If so marked,sidewalk will be curvilinear per STD.#I14. (d) If so marked,an In-lieu
of construction fee shall be provided for this item.
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X 4. Improvement Plans and Construction:
a. Street improvement plans including street trees,street lights and intersection safety lights on future
signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be
submitted to and approved by the City Engineer. Security shall be posted and an agreement executed
to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public
and/or private street improvements, prior to final parcel map approval.
b. Prior to any work being performed in the public right-of-way,fees shall be paid and a construction
permit shall be obtained from the City Engineer's office in addition to any other permits required.
c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and
interconnect conduit shall be installed to the satisfaction of the City Engineer.
d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project
along major or secondary streets and at intersections for future traffic signals and interconnect
wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR or any
other locations approved by the City Engineer.
Notes:(I)Pull boxes shall be No.6 at intersections and No.5 along streets,a maximum of 200 feet apart,unless otherwise
specified by the City Engineer. (2)Conduit shall be 3-inch(at intersections),or 2-inch(along streets)galvanized steel with
pullrope or as specified.
e. Handicapped access ramps shall be installed on all corners of intersections per City Standards or as
directed by the City Engineer.
f. Existing City roads requiring construction shall remain open to traffic at all times with adequate
detours during construction. Street or lane closure permits are required. A cash deposit shall be
provided to cover the cost of grading and paving, which shall be refunded upon completion of the
construction to the satisfaction of the City Engineer.
g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to
City Standards,except for single family residential lots.
h. Street names shall be approved by the City Planner prior to submittal for first plan check.
5. Street improvement plans per City Standards for all private streets shall be provided for review and
approval by the City Engineer. Prior to any work being performed on the private streets,fees shall be paid
and construction permits shall be obtained from the City Engineer's office in addition to any other permits
required.
X 6. Street trees, a minimum of 15 -gallon size or larger shall be installed per City Standards in accordance
with the City's street tree program.
7. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted
policy. On collector or larger street, lines of sight shall be plotted for all project intersections, including
driveways. Local residential street intersections and commercial or industrial driveways may have lines
of sight plotted as required.
X 8. A Permit shall be obtained from CALTRANS for any work within the following right-of-way:
I-15 Freeway
9. All public improvements on the following streets shall be operationally complete prior to the issuance of
building permits.
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C. Public Maintenance Areas
1. A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be
submitted to the City Engineer for review and approval prior to final parcel map approval. The following
landscaped parkways, medians, paseos, easements, trails, or other areas shall be annexed into the
Landscape Maintenance District:
2. Public landscape areas are required to incorporate substantial areas( %)of mortared cobble or other
acceptable non-irrigated surfaces.
X 3. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts
shall be filed with the City Engineer prior to final parcel map approval. Formation costs shall be borne
by the developer.
4. All required public landscaping and irrigation systems shall be continuously maintained by the developer
until accepted by the City.
5. Parkway landscaping on the following street(s)shall conform to the results of the respective Beautification
Master Plan:
D. Drainage and Flood Control
I. The project (or portions thereof) is located within a Flood Hazard Zone; therefore, flood protection
measures shall be provided as certified by a registered Civil Engineer and approved by the City Engineer.
2. It shall be the developer's responsibility to have the current FIRM Zone_designation removed from
the project area. The developer's engineer shall prepare all necessary reports, plans, and
hydrologic/hydraulic calculations. A Conditional Letter of Map Revision(CLOMR)shall be obtained
from FEMA, prior to final parcel map approval. A Letter of Map Revision (LOMR)shall be issued by
FEMA prior to occupancy or improvement acceptance,whichever occurs first.
3. A final drainage study shall be submitted to and approved by the City Engineer prior to final parcel map
approval. All drainage facilities shall be installed as required by the City Engineer.
X 4. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property
from adjacent areas.
5. A permit from the San Bernardino County Flood Control District is required for work within it's right-of-
way.
6. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured from
the outer edge of a mature tree trunk.
7. Public storm drain easements shall be graded to convey overflows in the event of blockage in a sump catch
basin on a public street.
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E. Improvement Completion
I. If the required public improvements are not completed prior to approval of the final parcel map, an
improvement security accompanied by an agreement executed by the Developer and the City will be
required for:
The remainder parcel
X 2. If the required public improvements are not completed prior to approval of the final parcel map,an
improvement certificate shall be placed upon the final parcel map,stating that they will be completed upon
development for:
Parcel No. I
F. Utilities
X I. Provide separate utility services to each parcel including sanitary sewerage system,water,gas, electric
power,telephone and cable TV(all underground) in accordance with the Utility Standards. Easements
shall be provided as required.
X 2. Water and sewer plans shall be designed and constructed to meet requirements of the Cucamonga County
Water District (CCWD), Rancho Cucamonga Fire Protection District, and the Environmental Health
Department of the County of San Bernardino. A letter of compliance from CCWD is required prior to
final parcel map approval. Such letter must have been issued by the Water District within 90 days prior
to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other
residential projects.
X 3. Approvals have not been secured from all utilities and other interested agencies involved. Approval of
the final parcel map will be subject to any requirements that may be received from them.
X 4. The developer shall be responsible for the relocation of existing utilities as necessary.
C. General Requirements and Approvals
X I. The tentative map approval is valid for a three-year period following the approval date. Time extensions
may be granted by the Planning Commission, if requested prior to the expiration date.
2. The applicant shall agree to defend at his sole expense any action brought against the City, its agents,
officers,or employees,because of the issuance of such approval,or in the alternative,to relinquish such
approval. The applicant shall reimburse the City,its agents,officers or employees,for any court costs and
attorney's fees which the City, its agents,officers,or employees may be required by a court to pay as a
result of such action. The City may,at its sole discretion,participate at its own expense in the defense of
any such action but such participation shall not relieve applicant of his obligation under this condition.
3. Final grading plans for each parcel shall be as required by the Building and Safety Division prior to
issuance of grading permits.
4. A copy of the Covenants, Conditions, and Restrictions (C C & R's)approved by the City Attorney is
required prior to approval of the final parcel map.
5. An easement for a joint use driveway shall be provided prior to final parcel map approval for:
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6. Prior to approval of the final parcel map a deposit shall be posted with the City covering the estimated cost
of apportioning the assessments under Assessment District , among the newly created
parcels.
X 7. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new
street lights for the first 6 months of operation,prior to the issuance of building permits for development
of Parcel I.
8. Prior to finalization of any development phase,sufficient improvement plans shall be completed beyond
the phase boundaries to assure secondary access and drainage protection to the satisfaction of the City
Engineer. Phase boundaries shall correspond to lot lines shown on the approved tentative map.
9. Etiwanda/San Sevaine Area Regional Mainline,Secondary Regional,and Master Plan Drainage Fees shall
be paid prior to final parcel map approval.
10. Permits shall be obtained from the following agencies for work within their right-of-way.
I I. A signed consent and waiver form to join and/or form the Law Enforcement Community Facilities District
shall be filed with the City Engineer prior to final parcel map approval. Formation costs shall be borne
by the developer.
12. Prior to recordation of the final parcel map, the applicant shall consent to, or participate in, the
establishment of a Mello-Roos Community Facilities District for the construction and maintenance of
necessary school facilities. However,if any school district has previously established such a Community
Facilities District,the applicant shall, in the alternative,consent to the annexation of the project site into
• • the territory of such existing district prior to the recordation of the final parcel map. Further, if the
affected school district has not formed a Mello-Roos Community Facilities District within twelve months
from the date of approval of the project and prior to the recordation of the final parcel map for said project,
this condition shall be deemed null and void.
This condition shall be waived if the City receives notice that the applicant and all affected school districts
have entered into an agreement to privately accommodate any and all school impacts as a result of this
project.
13. Mello Roos Community Facilities District requirements for the Rancho Cucamonga Fire Protection
District shall apply to this project.
X 14. Pursuant to provisions of California Resources Code Section 2I089(b), this application shall not be
operative, vested or final,nor will building permits be issued or a map recorded, until (I)the Notice of
Determination(NOD)regarding the associated environmental action is filed and posted with Clerk of the
Board of Supervisors of the County of San Bernardino;and(2)any and all required handling charges,are
paid to the County Clerk of the County of San Bernardino. The applicant shall provide the Engineering
Department with a stamped copy of the NOD together with a receipt showing that all fees have been paid.
In the event this application is determined exempt from such filing fees pursuant to the provision of the
California Code,or the guidelines promulgated thereunder,except for payment of any required handling
charge for filing a Certificate of Fee Exemption,this condition shall be deemed null and void.
Revised 9/8/98 6